Jeffrey P. Samuels v. Federal Emergency Management Agency

I. INTRODUCTION

Presently before the Court is defendants’ motion to dismiss plaintiff's first amended complaint. The Court finds that defendants’ motion is appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. L-R. 7-15. Accordingly, the matter is hereby taken under submission. On February 18, 2022, plaintiff Jeffrey Samuels filed suit against the Federal Emergency Management Agency (“FEMA”) and the U.S. Department of the Treasury (“Treasury”) (collectively, “defendants”). Dkt. 1 (“Compl.”). On September 19, 2022, plaintiff filed a first amended complaint against defendants. Dkt. 28 (“FAC”). Plaintiff alleges that he received approximately $19,215.01 from FEMA to repair his property damages from Hurricane Harvey in August 2017. Plaintiff alleges that FEMA sent a demand to recoup the funds in 2020, but that FEMA’s actions are barred by the three- year statute of limitations under the Discovery Assistance Reform Act. Additionally, plaintiff alleges that FEMA referred collection of the alleged debt in 2022 to the Treasury, which has “begun wrongfully taking money from plaintiff's social security” disbursements. Plaintiff seeks…